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5 <br /> SECTION 21 <br /> Section 21 inspections and Investigations <br /> b. If, through inspection, it is determined that a person engaged in land <br /> disturbing activity has failed to comply with the approved plan, a notice of <br /> violation shall be served upon that person by registered or certified mail, <br /> return receipt requested, or other means. The notice shall set forth the <br /> measures necessary to achieve compliance with the plan, specify a reasonable <br /> time period within which such measures must be completed, and warn that <br /> failure to correct the violation within the time period will result in the <br /> assessment of a civil penalty or other enforcement action. If the person <br /> engaged in land disturbing activity fails to comply within the time specified, <br /> enforcement action shall be initiated. <br /> NOTE: Section 21b of the Ordinance will be replaced with the paragraph <br /> above. <br /> SECTION 22 <br /> Section 22 Penalties <br /> a. (1) Any person who violates any of the provisions of this ordinance or <br /> rules or orders adopted or issued pursuant to this ordinance, or who initiates <br /> or continues a land-disturbing activity for which an erosion control plan is <br /> required except in accordance with the terms, conditions, and provisions of an <br /> approved plan, shall be subject to a civil penalty of not more than $100. No <br /> penalty shall be assessed until the person alleged to be in violation has been <br /> notified of the violation by registered or certified mail, return receipt <br /> requested, or other means. The notice shall describe the violation with <br /> reasonable particularity, specify a reasonable time period within which the <br /> violation mist be corrected, and warn that failure to correct the violation <br /> within the time period will result in the assessment of a civil penalty or <br /> other enforcement action. Each day of a continuing violation shall constitute <br /> a separate violation under Section 22(a) (1). <br /> NOTE: The underlined portion of Section 22a (1) will be added to the <br /> Ordinance. <br /> a. Civil Penalties <br /> (2) The Orange County Board of Commissioners shall determine the amount <br /> of the civil penalty to be assessed under this subsection and shall make <br /> written demand for payment upon the person in violation, and shall set forth <br /> in detail a description of the violation for which Le penalty has been <br /> imposed. In determining the amount of the penalty the Board of Commissioners <br /> shall consider the degree and extent of harm caused by the violation and the <br /> cost of rectifying the damage. if payment is not received or equitable <br /> settlement reached within 30 days after demand for payment is made the matter <br /> shall be referred to the county attorney for institution of a civil action in <br /> the name of Orange County, in the appropriate division of the General Courts <br /> of Justice for recovery of the penalty. Any sums recovered shall be used to <br /> carry out the purposes and requirements of this ordinance. <br /> NOTE: The underlined portion of Section 22a (2) will be added to the <br /> Ordinance. <br /> CELEMEECEDfrjaftngimmim <br /> The County Manager recommended the following action by the Board: <br /> 2,,, geggiut_m_x_EnBargzaffs32 Asa <br /> Schedule a special public hearing to be held in Hillsborough for <br /> the joint planning area for December 3 to hear a rezoning request. <br /> 22-----EVRIMM-gan-WID--aggftrWLABaSIM <br /> Approve a petition for addition of Mallard Court in Sycamore Run <br /> subdivision to the state maintained secondary roads system. <br /> 14.-111213MDIROM5 <br /> Amend the 1985-86 Budget Ordinance as follows: <br /> GENEBALERND <br /> Appropriation-Orange B.S. Expansion $ 670,000 <br /> Appropriation-Chapel Bill-Carrboro Science Labs $ 80,000 <br />